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Is the Money Provided by a Guardian to an Orphan Considered from the Zakah of the Guardian`s Wealth?

Answered as per Shafi'i Fiqh by Darul Iftaa Jordan
Is the money a guardian provides to an orphan considered from the Zakah of the former`s wealth?

Answer:
Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Zakah becomes liable on a person`s wealth when it reaches Nisaab (Minimum amount liable for Zakah) and a full lunar year passes over possessing that Nisaab. Moreover, this Zakah should be given to the categories specified in the following verse: "The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarer; a duty imposed by Allah. Allah is Knower, Wise." {At-Tawbah, 60}.

In conclusion, if the orphan referred to in the above question is poor and needy, it is permissible to give him from the Zakah. It is also permissible to consider that money as Zakah of the guardian`s wealth provided that the guardian intends that money, upon payment, as Zakah of his wealth since the orphan is among the categories eligible to receive Zakah as is obvious from the afore-verse. And Allah the Almighty knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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